1. Is it illegal to beat a mental patient?
1, it is illegal to hit a mental patient. As long as it is illegal to beat people without causing serious consequences, it is necessary to detain the hitter according to the regulations and ask him to compensate the victim; Those who cause minor injuries or more are suspected of intentional injury.
2. Legal basis: Article 234 of the Criminal Law of People's Republic of China (PRC).
Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
Second, what are the constitutive elements of the crime of intentional injury?
The constitutive elements of the crime of intentional injury are as follows:
1, which infringes on the body rights of others;
2. Objectively, it is an act that illegally damages the body of others;
3. The subject is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability of criminal responsibility can constitute this crime. Among them, natural persons who have reached the age of 14 weeks to 16 years shall bear the criminal responsibility of intentional injury causing serious injury or death.
4. The form of liability is intentional. The establishment of the crime of intentional injury requires the actor to have the intention of injury, that is, to have the attitude of knowing and hoping or letting the injury result go.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 18 of the Criminal Law of People's Republic of China (PRC), if a mental patient causes harmful results when he can't identify or control his own behavior, and is confirmed by legal procedures, he shall not bear criminal responsibility. However, their family members or guardians should be ordered to take strict care of them, and if necessary, the government should force medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility.